182 Main Road, Broomfield, Chelmsford, CM1 7AJ

Planning appeal 3258361 at 182 Main Road, Broomfield, Chelmsford, CM1 7AJ (Chelmsford Borough Council) was decided (quashed on legal grounds) on 17 January 2022 by Inspector Dyer S, following an inquiry. The main issue, as the Inspector framed it: For Appeal A ground (d): whether the appellant can show that the material change of use of the site to an operating base for a landscape contractor's business occurred before 31 May 2009 so as to be immune from enforcement.

without planning permission, the material change of use of the land as an operating base for a landscape contractor's business

Authority: Chelmsford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: other · Change of use
Inspector: Dyer S
Postcode: CM1 7AJ

Main issues, as the Inspector framed them

For Appeal A ground (d): whether the appellant can show that the material change of use of the site to an operating base for a landscape contractor's business occurred before 31 May 2009 so as to be immune from enforcement
For Appeal B ground (b): whether the matters alleged in the notice, namely the use of the land for storage not incidental to the enjoyment of the dwellinghouse, have occurred

What decided it

For Appeal A, the appellant failed to prove on the balance of probabilities that the unauthorised use predated 31 May 2009, so the notice was upheld (with variation); for Appeal B, the Council failed to demonstrate that the storage was other than incidental to the dwellinghouse, so the notice was quashed.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.